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Equal pay: Preservation of higher pay after TUPE transfer was genuine material factor

This report relates to 1 case(s)

In Skills Development Scotland Co Ltd v Buchanan and others EATS/0042/10, the EAT held that the employment tribunal erred in rejecting the employer’s genuine material factor defence to the effect that a difference in pay had been caused by the protection of the man’s pay following TUPE transfers. The tribunal had upheld the defence in respect of part of the claim, and had not found it to be a sham or pretence.